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News, trends and analysis in employment law, HR, safety & workers' comp

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Jul 12 2024
Leave LawsQ&AWage and Hour

Q&A: Don’t get fooled by public employee protections

Question: One of our employees sent me a copy of a state regulation they say entitles them to a leave of absence that is not provided for by our policies, or any law that I am aware of. It looks legit, though, and they are insistent. How did we miss this? Answer: You may not…

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Jul 12 2024
Leave LawsQ&ATermination & Resignation

Q&A: Follow FMLA procedures for verifying medical certifications

Question: We recently had an employee provide an FMLA medical certification that we believe was falsified. Our company confirmed with the employee’s medical provider that they did not complete the certification and we suspect that our employee forged the documentation. Can we discipline or terminate them for this conduct? Answer: Maybe, but only after complying…

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Jun 21 2024
Affirmative Action

OFCCP releases new list of companies it will audit

On June 7, 2024, the Office of Federal Contract Compliance Programs (OFCCP) released a new list of federal supply and service contractors it intends to review in the coming months for affirmative action compliance. This Corporate Scheduling Announcement List (CSAL) is a courtesy heads-up, showing which companies will be selected for random affirmative action audits….

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Jun 21 2024
Safety and Health

OSHA assesses $174K penalty for lockout fatality at pallet plant

Federal OSHA recently proposed penalties totaling $174,453 after an employee at a pallet manufacturing company in Wisconsin was killed while clearing a jammed machine. The machine wasn’t locked out when the 57-year-old employee removed a board that was stuck in it. According to OSHA, as soon as the board was pulled out, “the metal carriage…

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Jun 21 2024
ImmigrationQ&A

Q&A: Understand USCIS extended employment authorization

Question: An employee’s Employment Authorization Document (EAD), Form I-766, has expired and they say they haven’t received a new card but they applied for renewal and their work authorization has been automatically extended. How can we tell whether they’re still eligible to work for purposes of updating the Form I-9? Answer: Start by reviewing the…

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Jun 17 2024
Safety and Health

Ensuring a strong near-miss reporting program for safety benefits

Question: Help! I think we need a better reporting program for near-misses and good-catches. What do you recommend? Answer: Great question! A robust near-miss/good-catch reporting program can significantly enhance company safety by focusing on leading indicators. Documenting near misses (e.g., equipment falling without injury) and good catches (e.g., identifying a frayed wire) is as crucial…

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Jun 07 2024
Safety and HealthVigilant NewsWashington

Vigilant issues historic Washington Retro distribution

A few weeks ago, Vigilant sent retro distribution checks to members that participate in our Washington Workers’ Compensation Retro program. We are delighted to share that this year’s retro distribution was the largest in the history of Vigilant’s program! Vigilant remains fiercely committed to stewarding a program that carefully balances refund maximization while also providing…

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Jun 07 2024
Safety and HealthTermination & ResignationWage and Hour

Washington warehouse quota rules released

Washington’s Department of Labor and Industries (L&I) adopted two sets of rules (WAC 296-35 and WAC 296-136) to enforce the new warehouse employee quota statute (RCW 49.84), all of which go into effect July 1, 2024. One set of rules addresses safety standards and the other addresses labor standards. Our reporting on the new law…

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May 23 2024
WashingtonWorkers’ Comp

How many claims are too many for your claims manager? 📂📂📂

Managing claims effectively, whether internally or through a TPA, requires a manageable workload for claims managers. Is your claims manager dealing with too many cases? Understanding how overwhelming caseloads can affect claims handling is essential, impacting outcomes and costs. Let’s review some of the top problems with claims overload: Claims fail to receive enough attention…

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May 17 2024
Safety and Health

Prevent heat illness this summer

With the quickly warming weather, it’s time to review your safety plans for protecting workers from heat illness hazards and to ensure compliance with state regulations. Cal/OSHA and Washington Department of Labor and Industries (L&I) requirements depend on outdoor temperature thresholds, while Oregon OSHA rules apply to indoor or outdoor work when the heat index…

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May 17 2024
Labor RelationsSafety and HealthTermination & Resignation

Far-reaching H-2A worker protections coming soon

The U.S. Department of Labor (DOL) has adopted a final rule, Improving Protections for Workers in Temporary Agricultural Employment in the United States (Farmworker Protection Rule) that will significantly impact employers that use the H-2A program for temporary agricultural employment. Here are some of the key aspects of the new rule: Effective date: June 28,…

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May 17 2024
Wage and Hour

FTC bans most noncompete clauses as of September 4, 2024

On May 7, 2024, the Federal Trade Commission (FTC) issued a regulation that would prohibit enforcement of most noncompete clauses as of September 4, 2024, but the regulation is already being challenged in court. The regulation says: No new noncompete agreements may be signed on or after September 4, 2024. Existing noncompete agreements that were…

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